The Michigan state legislature enacted a new law about funeral representatives in 2016. This law allows you to designate a person whom you trust to make your funeral arrangements. Prior to this law, your next of kin was placed in charge of your funeral, with the priority of these relatives being determined by statute. Plus, if there was a dispute over your funeral arrangements between your next of kin, such as disagreement between your children, then the majority of them would prevail in any decisions that need to be made.
The new funeral representative law is designed to avoid these types of disputes between family members who should be mourning together rather than fighting. Under the law, you can appoint a funeral representative in your will or another written document. In order for a legal document other than a will to be a valid funeral representative designation, it must be in writing, dated, and signed by an individual, either in front of a notary or two witnesses. You can later revoke this designation in writing, so long as it is signed in front of a notary or two witnesses. However, if you designate your spouse as your funeral representative and later divorce, your designation is automatically revoked.
The law also places some restrictions on whom you can designate as your funeral representative. Your funeral representative must be at least 18 years of age, and may not be a licensed health professional, employee, or volunteer of the facility that provides services to you during your final illness. Likewise, individuals employed by or affiliated with a funeral home, cemetery, or crematory that provides services for you are ineligible to serve as your funeral representative. Finally, anyone who is charged with your murder is ineligible to serve as your funeral representative.
Whomever you choose to be your funeral representative has the sole right and power to make decisions about your funeral arrangements, including where you will be buried or cremated, and, if you are cremated, what to do with the remains. Your funeral representative also has the responsibility of ensuring that all relevant funeral costs are paid, whether paid by the representative, an insurance policy, your estate, or another source.
The Ann Arbor estate planning lawyers of Legacy Law Center are experienced in ensuring that you have the comprehensive and up-to-date long-term care and estate plan in place that best will benefit you and your family. We are your trusted advisors who are skilled in looking at all facets of your life, evaluating your needs, and working collaboratively with you and your family to create a plan that meets all of your needs. Contact Legacy Law Center today and learn how we can help you make the right decisions for you and your family.
Comments